07 March, 2016

Legal News : 7 March 2016

Court summoned as accused AAP M.L.A. Vishesh Ravi and two others as accused
AAP MLA Vishesh Ravi and two others have been summoned as accused by a trial court in an extortion case.
The court passed the order after taking cognisance of Delhi Police's chargesheet which states that the accused extorted money from Raj Kumar Sharma in the name of collecting donation for the party . Directing the accused to appear before it on April 5, the court said, “The evidence on record prima facie shows that all the accused were acting in furtherance of criminal conspiracy to commit extortion by putting the complainant in fear of injury .“
Before issuing summons to Ravi and two others ­ Vijay Chawla and Virender Aggarwal, Additional Chief Metropolitan Magistrate Sudhanshu Kaushik also considered statements of witnesses recorded by the investigating officer and other evidence in the case. The accused are presently on anticipatory bail.
HC asks why pay of public prosecutors not hiked yet
The Delhi high court has asked the Centre why there has been a delay in implementing its direction to hike the pay of public prosecutors.
“Why is the central government not implementing it? Why the delay ,“ Justice J R Midha asked while issuing notice to the Centre and seeking its reply on a petition seeking contempt action against the home secretary for not complying with the court's September 9, 2015 order.
The court in its September 2015 order had directed the Delhi government's cabinet decision to increase the pay scales of the public prosecutors be implemented without any delay.
The contempt petition filed by Delhi Prosecutors Welfare Association has alleged “deliberate and willful disobedience“ on the part of the Centre and city government in complying with the court order.
Marriage of minors not automatically void- Madurai Bench of Madras High Court
The Madurai bench of the Madras high court has held that marriage between a minor girl and boy will not become void automatically unless one of them obtains a decree of divorce from a family court within two years of attaining the legal age for marriage.
A division bench comprising Justices S Manikumar and C T Selvam issued the ruling while setting aside the order of a lower court refusing to take on file a woman's divorce petition on the ground that she was a minor when she got married and the marriage “automatically void“.
The High Court said the Hindu Marriage Act, 1955, prescribes a minimum age for marriage, and any breach would render the marriage void under Section 11 or Section 12. However, Section 13, which lists grounds for divorce, states that every child marriage shall be voidable at the option of the contracting party , provided that it is repudiated within two years of either of them attaining the legal age of marriage.
Police chief can appoint officer to probe outside jurisdiction-Supreme Court
The Supreme Court has held that a DGP has the power to appoint a superior police officer to investigate a criminal case registered outside his territorial jurisdiction.
A bench comprising justices Ranjana Gogoi and Prafulla C Pant set aside a Kerala High Court order which held that state police chief cannot appoint any officer beyond the territorial jurisdiction to probe a criminal case on account of constraints in section 36 (powers of superior officers of police) of CrPC.
The court's order came while deciding the appeals moved by Kerala and complainant P B Sourabhan against high court order.
Two criminal cases arising out of matrimonial disputes were lodged in Kerala and in one of the case the Sourabhan was a complainant while in other he was accused. Sourabhan made a representation to the state police chief requesting appointment of a superior officer for probing both the case and a senior police officer was appointed to probe the cases which was later challenged.

Mumbai bar dancers may soon get fixed monthly salary and home drop: Maharashtra Regulation of Dancing Places and Bars, 2016
A fixed monthly salary, vehicles to drop them home and the right to choose working hours ,bar dancers in the state could avail of all this and more once the new law, Maharashtra Regulation of Dancing Places and Bars, 2016, regulating dance bars is passed.
After the Supreme Court last week struck down six of the 26 norms proposed for obtaining dance bar licences, Maharashtra has decided to bring in fresh legislation to regulate dance bars.
The state government plans to table the draft of the proposed bill in the budget session starting March 9, although the officials are not sure if they will be able to do it, considering it would need the opinion of legal experts and senior police officers.
The bill has a provision for monthly salary, which will have to be fixed by bar owners, and the dancers will also get salary slips.
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